Volume 21, Number 2
Bulletin Winter/Spring 2016: Volume 21, No. 2
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Cover Story: Department of Justice Drops Attempt to Force Apple to Unlock iPhone, but Questions Remain
The high profile legal battle between the Department of Justice (DOJ) and Apple, Inc. (Apple) came to a close on March 28, 2016 when the DOJ asked the U.S. District Court for the Central District of California to vacate its Feb. 16, 2016 order compelling Apple to assist law enforcement officials in unlocking the iPhone of one of the shooters in the December 2015 San Bernardino, Calif. terrorist attack.
Privacy: Gawker Faces $140 Million Judgment after Losing Privacy Case to Hulk Hogan
On March 18, 2016, a Florida jury awarded professional wrestler Hulk Hogan, whose real name is Terry Bollea, $155 million in damages in an invasion of privacy lawsuit against Gawker Media, an online media company that had published an excerpt of a sex tape of Hogan in 2012 on its flagship site, Gawker.
Supreme Court News: Justice Antonin Scalia Leaves Mixed Legacy on First and Fourth Amendment Jurisprudence
On Feb. 13, 2016, United States Supreme Court Justice Antonin Scalia died in his sleep while on a hunting trip at a Texas resort.
Reporter’s Privilege: Television Program’s Refusal to Disclose Footage Raises Questions over Minnesota Shield Law
During the summer of 2015, filmmakers for the television show “The First 48,” a reality television show on the cable channel A & E, followed Minneapolis police officers as they investigated several serious crimes that had occurred throughout the city.
Newsgathering: Grand Jury Indicts Creators of Undercover Planned Parenthood Videos; Possible Implications for Undercover Newsgathering
On Jan. 25, 2016, a Houston, Texas grand jury that was initially investigating accusations of criminal misconduct committed by Planned Parenthood issued indictments against employees of the Center for Medical Progress (CMP), an anti-abortion group that recorded covert videos of Planned Parenthood officials.
Law Enforcement Conflicts: Canadian and U.S. News Organizations Raise Complaints over Law Enforcement Officers Impersonating Journalists
In late 2015 and early 2016, news organizations in both Canada and the United States sought clarification from law enforcement authorities over the use of investigative techniques that involved posing as journalists.
Advertising Regulation: Federal Trade Commission Cracks Down on Native Advertisements
On March 15, 2016, the Federal Trade Commission (FTC) settled its first native advertising case against national retailer Lord & Taylor.
Media Ethics: Rolling Stone Faces New Reporting Controversy, Continues to Face Questions over Retracted Story
In early 2016, Rolling Stone found itself at the center of controversy once again after the magazine published an actor’s account of meeting a notorious drug lord who had recently escaped from a Mexican prison.
Ninth Circuit Decisions: Ninth Circuit Rulings Set Important Precedents for First Amendment Cases
In late 2015 and early 2016, the influential U.S. Court of Appeals for the Ninth Circuit dealt with a pair of cases that could have implications for students’ freedom of speech as well as that of filmmakers.
Social Media: Twitter’s Change in Terms of Service to Limit “Harmful Speech” Garners Criticism
On Dec. 29, 2015, Twitter announced changes to its terms of service. The changes targeted violent posts, including digital harassment and terroristic threats, allowing Twitter more explicit power to suspend or shut down accounts engaged in this conduct.
Endangered Journalists: Iran Frees American Reporter; Protections for Expression Face Significant Challenges Elsewhere
In the spring of 2016, The Washington Post received news that one of its reporters would be released from an Iranian prison after being held for more than a year.
State Law Updates: Media Law Issues Remain at Forefront in Several States
In the spring of 2016, several states confronted legal questions that raised important issues for state media law policy.